Street harassment as a crime, pooling abuse and sexual assault, and allowing victim of rape to receive care and assistance by submitting a medical certificate, even if re is no complaint or sentence. Toger we can have registered this Wednesday in Congress its proposed law on comprehensive protection of sexual freedom and for eradication of sexual violence, 72 pages. The initiative, which Government is prepared to revise, regulates as a specific offence sexual aggression in groups for cases like those of herd, whose penalties would oscillate between five of minimum until 13 years of prison. The conviction in first instance of group that acted in San Fermín in 2016 is nine years for sexual abuse with prevalidity.
"A high percentage of cases that come to court are aggression in groups," explains Patricia Faraldo, professor of criminal Law at University of La Coruña and one of specialists who has participated in elaboration of this proposal in which group Confederal has been working since January.
In current Penal code "re is an aggravation of group aggression only for cases of aggression, not for abuses, and that is giving rise to contradictory jurisprudence and a fairly dispersed treatment between courts," adds Faraldo, who recalls that controversy Open after sentence of herd is not due both to years of punishment and to judges not to consider that re was violence and refore not be classified as sexual assault. "It is not a punitive issue, it is about improving how it is regulated and also eliminating requirement of resistance, so that behaviour of victims is not judged," explains professor.
In order to avoid this differentiation, proposed regulation envisages unifying in a single crime aggression and abuse for "all those behaviors that infringe sexual freedom without consent of anor person" although it does not mediate violence.
The presentation of this initiative comes one day after vice president of government, Carmen Calvo, revived debate on sexual offences proposing a reform of Penal Code and Criminal Procedure law that includes a consent Explicit of victims: "If a woman does not say yes expressly, everything else is no," said Calvo in his first appearance in Congress as Minister of Equality.
The proposal does not, however, include an explicit definition of consent as if it addresses, for example, new Swedish legislation to which Calvo referred in Congress: "When evaluating voluntary, you will be aware if this was expressed in words, Facts or orwise, "says Sweden's new law. The authors of registered proposal understand that it is broader than Yes Express. "If you get naked, participate actively, enjoy, obviously re was consent; If he cries, he is still like an inflatable doll, without enjoying it, re was no, "says Faraldo.
The government has pledged to revise this proposal, as Vice-Chairperson announced in her appearance on Tuesday. The Secretary of State for Equality, Soledad Murillo, has come this Wednesday to presentation of proposed law in Madrid.
The initiative, which now begins its parliamentary process, raises that re is no need for a complaint for victims of sexual violence to have access to aid. It would suffice to have a medical certificate or a social services report proving it as such.
With respect to street harassment, he collects it as a minor offense with a fine of three to nine months or works for benefit of community from 31 to 50 days "propositions, behaviors or pressures of a sexual or sexist nature" that, without constituting a "degrading" treatment or a Assault on sexual freedom, y believe "an intimidating situation."Comprehensive Care
It also includes a catalogue of comprehensive care measures. It provides for criminal courts and Provincial courtrooms specializing in sexual violence and that courts include specific rooms enabled to "Avoid visual contact" of victim and aggressor, as well as option for declaration to be recorded for That you do not have to reiterate or revictimice.
It also affects prevention, with programmes for detecting and sensitizing health workers or for Ministry of Defence to include in its members ' training and training plans "measures to prevent and sensitize sexual violence"Share in Facebook share on Twitter OtrosCerrarCompartir at LinkedinCompartir on GooglePlusCompartir on Pinterest